MONTGOMERY, Ala. (AP) — The Alabama Legislature is one step away from passing a bill that would make sure private schools and non-failing public schools don’t have to take students who want to transfer from failing public schools.

The bill making transfers optional won approval in the House last week and in the Senate Education Committee on Tuesday. The bill by Republican Rep. Jim Carns of Mountain Brook now goes to the Senate for what could be a final vote.

The bill would amend the Alabama Accountability Act, which passed in February. That new law provides tax credits for parents who move their children from public schools rated as failing to private schools or non-failing public schools. Carns said school systems want to make sure they are not sued if they turn down a transfer.